Job Initiatives Focus on Vets, Family MembersBy Donna Miles
WASHINGTON, Aug. 31, 2011 – President Barack Obama yesterday called on Congress to move quickly on an initiative to offer tax credits to employers who hire unemployed veterans, including those with disabilities. Speaking yesterday at the American Legion National Convention in Minneapolis, the president emphasized the nation’s responsibility to care for its veterans. “To get this done, I’ve proposed a Returning Heroes Tax Credit for companies that hire unemployed veterans and a Wounded Warrior Tax Credit for companies that hire unemployed veterans with a disability,” Obama told the assembly. “When Congress returns from recess, this needs to be at the top of the agenda.” Obama said he has directed the federal government to hire more veterans. During the past year and a half, that directive has resulted in more than 100,000 veteran hires. And, the U.S. Office of Personnel Management announced today that it has published final regulations to give military spouses of deceased and 100-percent disabled veterans as much time as they need to apply for a federal job under the military spouse hiring authority. “But in this tough economy, far too many of our veterans are still unemployed,” the president said yesterday. “That’s why I’ve proposed a comprehensive initiative to make sure we’re tapping the incredible talents of our veterans.” The two-part initiative is designed to help the newest veterans find and get private-sector jobs, while providing tax credits for companies that hire unemployed veterans, including those with disabilities, the president explained. Obama said he has directed the Defense Department and Department of Veterans Affairs to create a “reverse boot camp” to help the newest veterans prepare for civilian jobs and translate their military skills into industry-accepted licenses and credentials. He also called on every state to pass laws making it easier for veterans to get the credentials, and jobs for which they qualify. The second part of the initiative calls on the private sector to do its part. “I’ve challenged companies across America to hire or train 100,000 unemployed veterans or their spouses,” Obama said. This, he noted, builds on commitments many companies have made as part of the Joining Forces campaign being led by First Lady Michelle Obama and Dr. Jill Biden, wife of Vice President Joe Biden. Saluting the 5 million Americans who have served in uniform since 9/11 as a “generation of innovators” who’ve “changed the way America fights and wins its wars,” President Barack Obama said yesterday that veterans also are the very people the nation needs to jump-start its economy. “After a decade of war, it’s time to focus on nation building here at home,” the president said. “And our veterans, especially our ‘9/11-Generation’ veterans, have the skills and the dedication to help lead the way.” “We need these veterans working and contributing and creating the new jobs and industries that will keep America competitive in the 21st century,” he said. Obama cited funding for the post-9/11 GI Bill that’s now helping more than 500,000 veterans and family members “go to college, get their degrees and play their part in moving America forward.” The program will expand this fall to include vocational training and apprenticeships “so veterans can develop the skills to succeed in today’s economy,” he said. Meanwhile, OPM’s new rule, published today, gives specified military spouses more opportunity to get government jobs. Previously, certain military spouses and widows or widowers could be appointed non-competitively to a federal job within a limited two-year timeframe after their spouse died or became totally disabled, OPM officials explained. However, many spouses were not prepared to enter the workforce within that timeframe, they said. Some were still grieving or were enrolled in educational or training programs or caring for children or their disabled spouse. The final regulations recognize that two years may not be enough time for these spouses to seek and obtain a federal job. “Military spouses make countless sacrifices for our nation through their dedication and support on the home front while their loved ones are serving,” said OPM Director John Berry. “In recognition of their sacrifice, this rule will help military spouses find employment in the government.”
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Independent Living and Personal Care Services focusing on empowering persons with disabilities to recruit, manage, and retain personal assistants in their own home through self-directing programs. We also offer advocacy, peer-to-peer counseling, skills training, and information and referral.
Wednesday, August 31, 2011
Job Initiatives Focus on Vets, Family Members
How Workers' Compensation and Other Benefits Can Affect SSDI Benefits
July 03, 2011 /24-7PressRelease/ -- How Workers' Compensation and Other Benefits Can Affect SSDI Benefits
If you receive Social Security Disability Insurance (SSDI) benefits, there are limits on how much total compensation you can collect if you also are eligible for additional public disability or workers' compensation benefits. If your benefits exceed an amount set by the Social Security Administration (SSA), the SSA may reduce the amount of SSDI benefits you receive to offset the other public disability or workers' compensation benefits you receive.
Public Benefits That May Reduce Your SSDI Benefits
Workers' compensation and public disability benefits can reduce the amount of SSDI benefits obtained. Other types of disability benefits that may reduce SSDI benefits include:
-Civil service disability benefits
-State temporary disability benefits
-State or local government retirement benefits based on disability
Public Payments That Do Not Reduce Your SSDI Benefits
According to the SSA, the following types of public benefits, among others, do not affect the amount of SSDI benefits you receive:
-Unemployment benefits
-Veterans Affairs benefits
-State and local government benefits, if Social Security taxes were deducted from your earnings
-Supplemental Security Income (SSI)
-Needs-based benefits
-Employer-paid sick pay
-Damages from tort or negligence lawsuits
-Railroad Unemployment Insurance Act (RUIA) sickness benefits or railroad-injury settlement amounts under the Federal Employer's Liability Act (FELA)
-Jones Act payments for injured merchant seamen
It is important to note that payments from a private pension or private insurance also do not affect the amount of SSDI benefits received.
Public Benefit Limits
If you receive workers' compensation or other public disability benefits as well as SSDI benefits, the amount of your SSDI benefits may be reduced if the total amount of compensation exceeds a certain amount. The reduction is made only if the sum of your SSDI benefits and other public disability or worker's compensation benefits exceeds either 80 percent of your "average current earnings" before you became disabled or is higher than your family's total SSDI benefit before the reduction.
What Are Average Current Earnings?
The SSA uses different formulas to calculate average current earnings, and which formula they use depends on your specific circumstances.
However, the SSA provides a summary definition of average current earnings in section 504 of its Social Security Handbook. According to the SSA, average current earnings is the highest of the following:
-Your average monthly wage on which your un-indexed disability primary insurance amount is based
-Your average monthly earnings from covered employment (including self-employment) during the highest five consecutive years after 1950
-Your average monthly earnings based on the single calendar year of highest earnings from covered employment, either the year your disability began or any of the five years immediately before your disability began
"Covered employment" is defined as employment through which Federal Insurance Contribution Act (FICA) taxes are paid. If your total SSDI, public disability and workers' compensation benefits exceed 80 percent of your average current earnings or exceed your family's total SSDI benefits, your SSDI benefits will be reduced until you stop receiving the other benefits or until you reach age 65, whichever occurs first.
A Sample Calculation
The SSA provides this example: If your average current earnings were $4,000 a month before you became disabled, you, your spouse and your two children would be eligible to receive a total of $2,200 a month in SSDI benefits.
However, if you also receive $2,000 a month in workers' compensation benefits, because the total amount of benefits you receive ($4,200) is more than 80 percent of your average current earnings (80 percent of $4,000, therefore, $3,200), your SSDI benefits would be reduced by $1,000 to offset the workers' compensation benefits and bring your total amount of compensation within the SSA's limits to $3,200.
How an Attorney Can Help
The SSA statutes, regulations and procedures are very complex. Therefore, the assistance of a lawyer who practices exclusively in this area of law is invaluable when analyzing how your SSDI benefits may be affected by other disability payments. It is important not only to understand each of the SSA's rules individually, but also to understand how they work in relation to other regulations and provisions of the Social Security Act and other laws. If you would like to know more about SSDI or other Social Security benefits, contact a knowledgeable Social Security Disability attorney in your area.
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Monday, August 29, 2011
Justice Department Settles Lawsuit with the Puerto Rico Department of Justice Regarding Employment Rights Under the ADA
WASHINGTON – The Justice Department today settled a lawsuit with the Puerto Rico Department of Justice (PRDOJ) to protect the rights of employees with disabilities under the Americans with Disabilities Act (ADA). The settlement resolves a complaint that the PRDOJ discriminated against an employee with a disability by failing to provide her with a reasonable accommodation, as required by the ADA.
The complaint alleged that the PRDOJ relocated an employee who uses a wheelchair to an office building that the PRDOJ knew did not provide the employee with accessible bathrooms or accessible parking. As a result, the employee was forced to seek help from others to park and enter her place of work, and she resorted to intentionally dehydrating herself at work because she could not access the office bathrooms, according to the complaint.
“The Americans with Disabilities Act protects the right of every American to work without facing these types of indignities and hurdles,” said Thomas Perez, Assistant Attorney General for the Civil Rights Division. “This settlement reinforces the Civil Rights Division’s commitment to ensuring the promise of equal employment opportunity for all individuals with disabilities.”
The settlement agreement, which must be approved by the district court in San Juan, requires the PRDOJ to pay $45,000 to the aggrieved employee; to provide training to employees on the requirements of the ADA; and to adopt policies to ensure that the PRDOJ does not require employees with disabilities to attend meetings at, or to be relocated to, an inaccessible office location.
Title I of the ADA prohibits employers, such as the PRDOJ, from discriminating against a qualified individual on the basis of disability in regard to job application procedures; hiring, advancement, or discharge; employee compensation; job training; and other terms, conditions, and privileges of employment. In addition, a n employer is required to make a reasonable accommodation to the known disability of an employee if it would not impose an “undue hardship” on the operation of the employer’s business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities.
Those interested in finding out more about federal disability rights statutes can call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website at www.ada.gov .
Starbucks To Pay $75,000 To Settle EEOC Disability Discrimination Suit
El Paso Café Refused Reasonable Accommodation and Fired Barista Due to Dwarfism, Federal Agency Charged
EL PASO — Starbucks Coffee Company has agreed to pay $75,000 and provide other significant relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged Starbucks Coffee Company with unlawfully denying a reasonable accommodation to a barista with dwarfism at one of its El Paso stores and firing her because of her disability.
According to the EEOC’s suit, Elsa Sallard, whose stature is small due to dwarfism, was denied an opportunity to work for the world’s largest coffeehouse chain. The job description for the barista position stated that no prior experience was required. During the orientation training, Sallard suggested that she could use a stool or small stepladder to more easily perform some of the tasks of preparing orders and serving customers. The manager at the El Paso Starbucks location disregarded Sallard’s request, the EEOC said. On the same day that Sallard requested the accommodation, Starbucks terminated her employment, claiming that she would pose a “danger” to customers and employees.
Such conduct violates Title I of the Americans With Disabilities Act (ADA), which prohibits employers from discriminating against qualified individuals with disabilities in hiring, firing, job application procedures, advancement, compensation, job training and other terms and conditions of employment. The ADA requires employers to make reasonable accommodations to employees’ and applicants’ disabilities as long as it would not pose an undue hardship to the business. The EEOC filed suit (Case No. 3:11-cv-00195) in U.S. District Court for the Western District of Texas after first attempting to reach a pre-litigation settlement through its conciliation process.
“Starbucks swift action to work constructively with t the EEOC in this case, not only by compensating the applicant who was turned away, but by committing to additional training for other stores in the El Paso area, sends the right signal from the corporate office,” said Robert A. Canino, regional attorney for the EEOC’s Dallas District Office. “The Starbucks customer environment is one that is often considered comfortable and progressive. By fostering that same environment for people behind the counter, Starbucks reinforces a positive public image.”Such conduct violates Title I of the Americans With Disabilities Act (ADA), which prohibits employers from discriminating against qualified individuals with disabilities in hiring, firing, job application procedures, advancement, compensation, job training and other terms and conditions of employment. The ADA requires employers to make reasonable accommodations to employees’ and applicants’ disabilities as long as it would
Under the terms of the two-year consent decree settling the case, Starbucks will pay $75,000 in relief to compensate Sallard. In addition, Starbucks has agreed to provide training on the ADA for all managers and supervisory employees at all of Starbucks’ El Paso locations. The ADA training will
specifically focus on the reasonable accommodation of individuals with disabilities. Sample scenarios used in the training will include a discussion of the reasonable accommodation of applicants and employees who are small in stature as a result of medical conditions or disabilities such as dwarfism. The training will also include a specific discussion or instruction relating to definitions of disability under the ADA, as amended by the ADA Amendments Act, and the interactive reasonable accommodation process.
EEOC Trial Attorney Joel Clark added, “The ADA prohibits managers from ignoring reasonable accommodation requests made by qualified persons with disabilities. In-house education can be effective toward eliminating assumptions and promoting an interactive process for a more inclusive work force.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Tuesday, August 23, 2011
The Great Recession And Serving Dislocated Workers With Disabilities:
Wednesday, August 17, 2011
Justice Department Signs Agreement to Ensure Civic Access for People with Disabilities in Maryland
WASHINGTON - The Justice Department today announced an agreement with Montgomery County, Md., and Maryland National Capital Park and Planning Commission (MNCPPC), to improve access to all aspects of civic life for persons with disabilities. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).
“Access to public programs and facilities is a civil right, and individuals with disabilities must have the opportunity to participate in local government programs, services and activities on an equal basis with their neighbors,” said Roy L. Austin Jr., Deputy Assistant Attorney General for the Civil Rights Division . “Montgomery County has made significant progress towards achieving ADA compliance, and this agreement sets out a realistic plan for the county to accomplish its goal. Maryland National Capital Park and Planning Commission officials will be evaluating all of its parks for ADA compliance. I commend county and park officials for working with the Justice Department to provide equal access to all of its programs, services, and activities.”
As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with ADA requirements. Based on these surveys, agreements are tailored to address the steps each community must take to improve access. This agreement is the 194th under the PCA initiative.
Under the agreement announced today, Montgomery County and MNCPPC will take important steps to improve access to county programs for individuals with disabilities, such as:
Making physical modifications to facilities surveyed by the department so that parking, routes to buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to persons with disabilities;
Implementing plans to survey all other county and MNCPPC facilities and programs and to make modifications wherever necessary to achieve full compliance with the ADA;
Providing effective communication;
Ensuring that county programs for victims of domestic violence and abuse are accessible to persons with disabilities;
Posting, publishing and distributing a notice to inform members of the public of the provisions of Title II and their applicability to the county’s programs, services and activities;
Administering a grievance procedure for resolving complaints of violations of Title II of the ADA;
Planning and preparing emergency management procedures to include individuals with disabilities, including emergency preparedness, notification, evacuation, sheltering, response, clean up and recovery, and making modifications to ensure equal and integrated access;
Ensuring that the county’s official website and other web-based services are accessible to people with disabilities; and
Implementing a comprehensive plan to improve the accessibility of the county’s sidewalks and pedestrian crossings by installing accessible curb ramps throughout Montgomery County.
Montgomery County was founded in 1776. Rolling land and small hills make up most of the county’s 497 square miles, with 15 square miles of water, including rivers, streams, lakes and reservoirs and 28,435 acres of parkland. Montgomery County is now the most populous county in the state of Maryland. According to census data, more than 107,000 Montgomery County residents have a disability. MNCPPC operates more than 53,000 acres of parkland, offering a variety of facilities, recreation and sporting fields. Their facilities include nature centers, conference centers and community centers. Historic sites, recreation buildings and group picnic areas are also found on the parkland.
Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement will remain in effect for six years from Aug. 16, 2011. The department will actively monitor compliance with the agreement until all required actions have been completed.
For more information on the PCA initiative or the ADA Best Practices Tool Kit for State and Local Governments, please visit the ADA website at www.ada.gov or call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY). People interested in finding out more about today’s agreement with Montgomery County and MNCPPC, please visitwww.ada.gov/montgomery_co_pca/montgomery_co_sa.htm .
Friday, August 12, 2011
Poll Shows Families Overestimate Cost for Senior Care Read more: http://www.sacbee.com/2011/08/11/3831391/poll-shows-families-overestimate.html#ixzz1
OMAHA, Neb., Aug. 11, 2011 -- /PRNewswire/ -- Some 73 percent of seniors and their families who receive paid home care to help with their daily tasks said they were satisfied with the care and thought it was a good value for the money.
However, a recent study conducted for Home Instead Senior Care shows that many people don't know how affordable home care can be, and 49 percent overestimated the cost by more than $6 per hour.
The actual average per-hour cost paid by the 70 percent in the survey who got care was $17.10 per hour.
Those who don't receive care estimated an average cost of $24.67 an hour for companionship care – basic assistance with things such as cooking and light housekeeping, as well as conversation – and $26.84 for personal care, including bathing.
The national average cost for one year of nursing home care is $70,000, which is almost 75 percent more than home health care.
The study shows that people may be deterred from using non-medical home care – or even from considering it – because of a misconception about the expense, according to Roger Baumgart, CEO of Home Instead Senior Care, an international care-giving company with more than 900 franchises in 15 countries.
"One of our goals is to enable seniors to remain in their homes, where studies show they are happier and receive more care," said Baumgart. "More seniors could utilize professional care to stay in their homes if they knew how modest the cost really is."
Seniors and their families who had the right pricing information would see how home care might fit into their budgets, Baumgart said.
Founded in 1994 in Omaha, the Home Instead Senior Care® network is the world's largest provider of non-medical in-home care services for seniors, with more than 900 independently owned and operated franchises in 15 countries spanning four continents.
Home Instead Senior Care franchise owners employ more than 65,000 CAREGivers(SM) who provide more than 45 million hours of client service each year through activities including companionship, meal preparation, medication reminders, light housekeeping, errands and shopping. Home Instead Senior Care founders Paul and Lori Hogan pioneered franchising in the non-medical senior care industry and are leading advocates for senior issues throughout the world.
Read more: http://www.sacbee.com/2011/08/11/3831391/poll-shows-families-overestimate.html#ixzz1UpbCL9tv
Thursday, August 4, 2011
Real Jobs - It's Everyone's Business
Real Jobs - It's Everyone's Business |
Greetings! The Alliance for Full Participation (AFP) has launched its new campaign -- "Real Jobs - It's Everybody's Business." The AFP goal is to double the employment rate for people with disabilities by 2015. We're serious about this goal, energized by our spirit of collaboration, and dedicated to making real employment a reality for all people with intellectual and developmental disabilities. For people with intellectual and developmental disabilities, "real jobs" means an end to the sheltered workshops and the new reality of fully integrated employment for all people. "Real jobs" means real paychecks, which enable individuals to afford housing, food, clothing and the supports and services necessary for them to live - and work - in the communities of their choice. In a very concrete way, "real jobs" will support people to live out their dreams and aspirations, a goal we can all identify with. Unfortunately, the employment rate for people with developmental disabilities is only 22%, compared to 79% for typical Americans. This has forced people who could live independently to depend heavily on others to define and support their choices. The denial of employment opportunity is not just a problem for people with developmental disabilities and their families. Lack of employment opportunity and economic resources for any citizen hinders community development. Greater financial independence will decrease the burden on families, on government and community social services programs, and on Medicaid. Discovering new employment opportunities and assets also means that our communities can more easily enjoy the benefits of the energy, imagination, hard work and economic growth from people with intellectual and developmental disabilities. Just as the problem affects us all, and its resolution benefits us all, we all have a role to play in making "real jobs a reality." Our campaign begins at the state level, where we're forming teams of people with developmental disabilities, employers, coworkers, business organizations, service providers, government officials, family members, advocacy organizations, and members of the general community. Read this Karen Flippo's article on this website on how to get involved in state teams. Everyone can contribute to AFP's effort. There are opportunities and roles than will match your energy, commitment, and talents. If you'd like to be a part of this historic effort, you can begin by registering on this website and/or on our Facebook page,www.facebook.com/AllianceforFullParticipation. We look forward to working with you over the months ahead, and to making our goal of doubling employment for people with developmental disabilities a reality. Sincerely, James F. Gardner, PhD |
Monday, August 1, 2011
Emergency Preparedness
Emergency Preparedness
Individuals with disabilities should feel as safe and secure in their communities and work environments as individuals without disabilities. Too often, however, the needs of people with disabilities are not considered in emergency planning, despite the fact that the need for such planning has received an increased focus due to recent disasters, both natural and man-made.
To help address this disparity, ODEP — through its leadership on the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities — helped develop several resources to assist individuals, organizations, and employers create emergency preparedness plans that take into account the needs of people with disabilities.
The following provide more information about emergency preparedness and people with disabilities:
Tools and Guidelines
- Preparing the Workplace for Everyone: Accounting for the Needs of People with Disabilities — Practical guidelines for to help emergency managers and employees plan for workplace emergencies. Developed by a committee of Federal agencies, this framework has had several updates.
- Stairwell Use During an Emergency — Addendum to Preparing the Workplace for Everyone with guidelines for serving individuals with disabilities during an emergency that involves stairs or stairwells.
- Effective Emergency Preparedness Planning: Addressing the Needs of Employees with Disabilities — Fact sheet that provides overview of how to effectively take into account the needs and perspectives of people with disabilities in workplace emergency preparedness plans.
Additional Resources
- Job Accommodation Network (JAN) — ODEP funded service that provides free, expert and confidential guidance on workplace accommodations for people with disabilities, including information on emergency preparedness planning.
- Employers' Guide to Including Employees with Disabilities in Emergency Evacuation Plans
- Disability Resource Center — Practical information on emergency preparedness and disability from the Interagency Coordinating Council on Emergency Preparedness and Individuals with Disabilities, which facilitates collaboration among multiple Federal agencies on emergency plans as they impact people with disabilities.
- Disability.gov: Emergency Preparedness — Resources on effective emergency preparedness planning in the workplace and community.
Preparing the Workplace for Everyone
Preparing the Workplace for Everyone: A Framework of Emergency Preparedness Guidelines |
Preparing the Workplace for Everyone is meant to serve as a launching point for federal agencies as they re-evaluate and strengthen their Occupant Emergency Plans (OEPs). This framework of guidelines reflects the effective practices of nearly 20 federal agencies gathered from direct input, existing reports and articles, and actual emergency plans. Topics are explored in light of four phases of emergency preparedness plans:development, implementation, practice, and maintenance.
As is the nature of emergency preparedness, this framework is an evolving document. It is anticipated that updates will periodically be issued to reflect significant enhancements in the field.
Idaho Wheelchair Accessible Trails
Idaho Wheelchair Accessible Trails:
Map Rail-trail Trail Name State Counties Length (miles)
Bill Chipman Palouse Trail ID, WA Latah, Whitman 7.45
Boise River Greenbelt ID Ada 23
Ed Corkill Memorial River Trail ID Latah 5.30
Indian Creek Pathway (Kuna) ID Ada 3.50
Lewiston Levee Parkway Trail ID Nez Perce 11
Nampa to Stoddard Trail ID Canyon 2
North Idaho Centennial Trail ID Kootenai 24
Trail of the Coeur d'Alenes ID Benewah, Kootenai, Shoshone 72
Victor to Driggs Rail-Trail ID Teton 8
Wood River Trails ID Blaine 30
Other Activities:
ATV
Bike
Birding
Cross Country Skiing
Fishing
Geocaching
Hiking
Horseback Riding
Inline Skating
Mountain Biking
Running
Snowmobiling
Walking
Wheelchair Accessible